Panaji, 26th December, 2019 (Pausa 5,1941)

SERIES II No. 39

689

Suggestions are welcomed on e-mail: [email protected]

PUBLISHED BY AUTHORITY

RNI No. GOAENG/2002/6410

Reg. No. G-2/RNP/GOA/32/2018-20

GOVERNMENT OF GOA

Department of Agriculture

Directorate of Agriculture

__

Corrigendum

No. 8/86/2019-20/D.Agri/1287

Read: 1) Order No. 8/86/2019-20/D.Agri/724 dated

23-08-2019.

In the above referred order the following may be

corrected:

1) In the second para the sentence may be read

as “The appointment is on regular basis”

instead of “The appointment is on officiating

basis”.

2) In the table the Budget Head of Sr. No. 2

Shri Deepak Gopinath Gadekar (OBC) may be

read as “2401-00-001-03(NP)-01” instead of

“2401-00-109-05(NP)-01”.

This supersedes corrigendum No. 8/86/2019-20/

/D.Agri/927 dated 14-10-2018.

By order and in the name of the Governor of

Goa.

Madhav B. Kelkar, Director & ex officio Joint

Secretary (Agriculture).

Tonca-Caranzalem, 23rd December, 2019.

———uuu———

Department of Co-operation

Office of the Registrar of Co-operative Societies

__

Order

No. 8-1/FISH/TS-II/SZ/2017/RCS/4343

Read: 1) Show Cause Notice No. 17-242-2006/ARSZ/

/FISHERIES/212 dated 21-04-2017.

2) This office Order No. 8/1/FISH/TS-II/SZ/

/2017/RCS/668 dated 19-05-2017 appointing

a Committee of Administrator in terms of

Section 67A(1) of the Goa Co-operative

Societies Act, 2001 to streamline the

affairs of the South Goa Mechanized Boat

Owners Co-op. & Marketing Society Ltd.,

Cutband, Velim, Salcete-Goa.

3) Letter No. SGMBOCMSL/COA/13 dated

20-11-2017 received from Chairman of

Committee of Administrator of the South

Goa Mechanized Boat Owners Co-op. &

Marketing Society Ltd., Cutband, Velim,

Salcete-Goa.

4) This office Order No. 8/1/FISH/TS-II/SZ/

/2017/RCS/3829

dated

29-12-2017

extending the term of Committee of

Administrator.

5) This office Order No. 8/1/FISH/TS-II/SZ/

/2017/RCS dated 04-06-2018 extending

the term of Committee of Administrator.

6) This office Order No. 8/1/FISH/TS-II/

/SZ/2017/RCS/3708 dated 24-12-2018

extending the term of Committee of

Administrator.

7) This office Order No. 8/1/FISH/TS-II/

/SZ/2017/RCS/2290 dated 16-07-2019

extending the term of Committee of

Administrator.

In exercise of powers vested in me under Section

67A(1) of the Goa Co-operative Societies Act, 2001,

I, Menino D’Souza, Registrar of Co-operative

Societies, Government of Goa, hereby extend the

term of Committee of Administrators appointed vide

Order referred at Sr. No. 2 hereinabove for another

period of 3 (three) months with effect from

23-11-2019 or till constitution of full fledged Board

of Directors with due process of law, whichever is

earlier.

Menino D’Souza, Registrar & ex officio Joint

Secretary (Co-op. Societies).

Panaji, 13th November, 2019.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

26TH DECEMBER, 2019

690

Department of Labour

—

Order

No. 28/36/2019-LAB/832

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

M/s. Kadamba Transport Corporation Limited,

Paraise-de-Goa, near Tin Building, Porvorim, Goa,

and it’s workmen, Shri Martin Afonso and others,

represented by the Kadamba Kamgar Union, in

respect of the matter specified in the Schedule

hereto (hereinafter referred to as the “said

dispute”);

And whereas, the Government of Goa

considers it expedient to refer the said

dispute for adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Industrial

Tribunal of Goa at Panaji-Goa, constituted under

Section 7A of the said Act.

SCHEDULE

“(1) Whether the action of M/s. Kadamba

Transport Corporation Limited, Paraise-

-de-Goa, near Tin Building, Porvorim, Goa, in

non-implementing the IInd financial

up-gradation under the Modified Assured

Carreer Progression Scheme (MACP) and

other consequential benefits to its workmen,

Shri Martin Afonso, Shri Raju B. Tuenkar,

Shri Prabhakar J. Tilve, Shri Santosh N. Naik

and Shri Uttam D. Naik, is legal and justified?

(2) If not, to what relief the workmen are

entitled?”.

By order and in the name of the Governor

of Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 16th December, 2019.

________

Order

No. 28/4/2019-LAB/833

Whereas, the Government of Goa is of the

opinion that an industrial dispute exists between

the management of M/s. Agrawal Renewable

Energy Private Limited, Anand Bhavan, Old Station

Road, Margao, Goa and their workman, Shri Vinod

Gajanan Naik, Store Assistant, represented by the

Goa Trade and Commercial Workers’ Union, in

respect of the matter specified in the Schedule

hereto (hereinafter referred to as the “said

dispute”);

And whereas, the Government of Goa

considers it expedient to refer the said

dispute for adjudication.

Now, therefore, in exercise of the powers

conferred by Clause (d) of sub-section (1) of Section

10 of the Industrial Disputes Act, 1947 (Central Act

14 of 1947) (hereinafter referred to as the “said

Act”), the Government of Goa hereby refers the

said dispute for adjudication to the Industrial

Tribunal of Goa at Panaji-Goa, constituted under

Section 7A of the said Act.

SCHEDULE

“(1) Whether the severance of employer-employee

relationship between the management of

M/s. Agrawal Renewable Energy Private

Limited, Anand Bhavan, Old Station Road,

Margao, Goa, and Shri Vinod Gajanan Naik,

Store Assistant on account of refusal of

employment or otherwise, with effect from

08-04-2016, is legal and justified?

(2) If not, to what relief the workman is

entitled?”.

By order and in the name of the Governor

of Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 16th December, 2019.

________

Notification

No. 28/2/2019-LAB/823

The following award passed by the Labour

Court-II, at Panaji-Goa on 06-11-2019 in Case

No. Ref. LC-II/IT/16/10 is hereby published as

required under Section 17 of the Industrial Disputes

Act, 1947 (Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 11th December, 2019.

______

IN THE LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. LC-II/IT/16/10

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

26TH DECEMBER, 2019

691

Shri Lavu Shirodkar,

H. No. 541, Mandur, Dongrim,

Fornawada,

Post, Netura, Goa.

… Workman/Party-I

V/s

M/s Garware Goa Nets Ltd.,

Corlim Industrial Estate,

Corlim-Goa.

… Employer/Party-II

Workman/Party-I represented by Adv. Shri A. V.

Nigalye.

Employer/Party-II represented by Adv. Shri P.

Chawdikar.

Panaji, Dated: 06-11-2019

AWARD

1. In exercise of the powers conferred by Clause

(d) of sub-section (1) of Section 10 of the Industrial

Disputes Act, 1947 (Central Act 14 of 1947), the

Government of Goa, by Order dated 27-07-2010,

bearing No. 28/25/2010-LAB referred the following

dispute for adjudication to the Industrial Tribunal

of Goa. The Hon’ble Presiding Officer, Industrial

Tribunal-cum-Labour Court in turn assigned the

present dispute to this Labour Court-II vide his

order dated 08-09-2010.

“(1) Whether the action of the management of

M/s Garware Goa Nets Limited, Corlim

Industrial Estate, Corlim, Goa in refusing

employment to Shri Lavu Shirodkar, Senior

Operator, with effect from 17-11-2002, is legal

and justified?

(2) If not, what relief the Workman is entitled

to?”

2. On receipt of the reference, a case was

registered under No. LC-II/IT/16/10 and registered

A/D notice was issued to the Parties. In pursuance

to the said notice, the Parties put in their

appearance. The Workman/Party-I (for short

‘Workman’), filed his Statement of Claim on

28-01-2011 at Exb-4. The facts of the case in brief

as pleaded by the Workman are that the Employer/

/Party II (for short, ‘Employer’) is company

incorporated under the Companies Act, 1956

having its registered office and factory at Corlim

Industrial Estate, Corlim, Goa. He stated that he

was initially appointed as ‘Asst. Operator’ and

subsequently promoted as ‘Sr. Operator’. He stated

that he has put in a long and meritorious service

of over twelve years with the Employer.

3. He stated that by charge-sheet dated

10-07-2002, the Employer alleged false and frivolous

charges of misconduct against him. He stated that

it was alleged that he deliberately remained absent

on the dates mentioned therein. He stated that by

the said charge-sheet, he was informed that it has

been decided to hold an enquiry against him in

respect of the said charges. He stated that it was

also alleged that the enquiry will be conducted by

Mr. K. Parmeshwaran at Mumbai on 24-07-2002 at

2:30 p.m. He submitted that the Employer decided

to hold enquiry against him and appointed an

Enquiry Officer, without even seeking explanation

from him. He stated that since the registered office

of the Employer and its factory is located at Corlim

Industrial Estate, Corlim, Goa, the Employer could

have conveniently held the enquiry in its factory

or office premises or at any other place in Goa. He

stated that he had requested the Employer to hold

the enquiry in Goa. He stated that however he did

not receive any favourable reply from the Employer.

He stated that he could not travel to the distant

place at Mumbai due to poverty and paucity of

funds. He stated that he also could not arrange for

assistance in the enquiry. He stated that the

Enquiry Officer, who was the appointee of the

Employer, conducted the enquiry ex-parte in his

absence. He stated that thereafter the Enquiry

Officer submitted his findings dated 03-09-2002,

holding that the charges alleged in the charge-

-sheet are proved. He stated that thereafter, by

letter dated 17-11-2002, the Employer dismissed

him with immediate effect. He submitted that after

termination of his service, he raised an industrial

dispute with the Employer, demanding

reinstatement in service with full back wages. He

stated that he also sought intervention of the

Labour Commissioner, Government of Goa, which

ended in failure.

4. The Workman contended that the action of

the Employer in dismissing him from service is not

only illegal and unjustified, but also malafide and

done with ulterior motive. He submitted that his

services have been terminated by the Employer

without any reasonable cause and for no

misconduct committed by him. He submitted that

the charge-sheet dated 10-07-2002 is illegal and

the misconduct alleged in the said charge-sheet is

false and fictitious. He submitted that the action

of the Employer of appointing an Enquiry Officer

without even seeking an explanation from him,

fixing the date of enquiry and continuing with

enquiry without any reply to the charge-sheet from

him discloses the malafides of the Employer. He

submitted that the said action further shows that

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

26TH DECEMBER, 2019

692

the subsequent action of the Employer were

premeditated and the Employer had decided to

terminate his services, even before holding the

enquiry. He submitted that the action of the

Employer of holding the enquiry at Mumbai,

instead of holding in Goa, where the Employer has

its factory as well as its office, is illegal. He

submitted that the Employer was well aware that

he, due to his poverty, would not be able to travel

to Mumbai and participate in the enquiry and it

was for this reason that it held the enquiry in

Mumbai. He submitted that the further action of

the Employer of continuing to hold the enquiry at

Mumbai inspite of his request to hold it in Goa

further exhibits the evil designs and the malafide

intentions of the Employer. He submitted that by

holding the enquiry in Mumbai, the Employer

effectively denied the right of defence to him. He

submitted that the action of the Employer is in

total breach of the principles of natural justice and

fair play. He submitted that the Enquiry Officer,

who conducted the enquiry against him, was

biased in favour of the Employer and against him.

He submitted that the findings recorded by the

Enquiry Officer, whereby he held that the charges

of misconduct alleged against him are proved, are

illegal and deserves to be set aside. He submitted

that assuming that the enquiry held against him

and the findings of the Enquiry Officer are just and

legal, in that event the punishment of dismissal

awarded to him is extremely harsh and severe and

not proportionate to the offence. He therefore

submitted that the order of dismissal dated

17-11-2002 is therefore liable to be set aside. The

Workman therefore prayed for an Award holding

that the action of the Employer in refusing

employment to him w.e.f. 17-11-2002 is illegal and

unjustified and the Employer be directed to

reinstate him in service with continuity of service

and with all benefits and privileges attached to

his post.

5. The Employer disputed the claim of the

Workman by filing its Written Statement on

07-06-2011 at Exhibit-7. The Employer, as and by

way of preliminary objection, submitted that the

reference is null and void as there does not exists

an “Industrial Dispute” as defined u/s 2(k) of the

I.D. Act, 1947 and that the reference has been made

by the Government of Goa without any material on

record and without application of mind. The

Employer admitted that the Workman was

employed with them as ‘Sr. Operator’. The Employer

stated that the attendance record of the Workman

is fraught with absenteeism. The Employer stated

that the Workman was issued a charge-sheet dated

10-07-2002. The Employer stated that the Workman

was informed that they have decided to hold an

enquiry against him in respect of the said charges.

The Employer stated that it was also informed to

the Workman that the enquiry will be conducted

at Mumbai. The Employer admitted that the

Workman requested them to hold the enquiry in

Goa, however denied that he did not receive any

favourable reply from them as alleged. The

Employer stated that the Workman was informed

that it is not obligatory on their part to arrange the

enquiry in Goa. The Employer stated that the

Workman was informed in the charge-sheet itself

issued to him that he will be reimbursed to and fro

second class railway fare from Goa to the venue of

the enquiry as per his grade on the scheduled date

of enquiry. The Employer stated that the Workman

never showed any interest in performing his duties

entrusted to him by his superiors and he used to

always remain absent from his duties.

6. The Employer stated that an independent

Enquiry Officer Mr. K. Parmeshwaran was

appointed as Enquiry Officer to conduct the

enquiry with respect to the said charge-sheet. The

Employer stated that the Enquiry Officer conducted

the enquiry in a fair, proper and impartial manner.

The Employer submitted that every opportunity

was given to the Workman to defend the charges

leveled against him. The Employer submitted that

the Workman has however failed to avail the said

opportunities. The Employer submitted that the

Enquiry Officer conducted the enquiry ex-parte in

the absence of the Workman after giving him

sufficient opportunities. The Employer stated that

the Enquiry Officer submitted his findings dated

03-09-2002 and after appreciating the facts of the

case, held the Workman guilty of the charges

leveled against him by the Employer.

7. The Employer submitted that they considered

the proceedings of the enquiry; the findings of the

Enquiry Officer dated 03-09-2002 and concurred

with the same. The Employer stated that they

considered the past record of the Workman. The

Employer stated that they did not find any

extenuating circumstances. The Employer stated

that considering the gravity of the proved

misconduct, they decided to dismiss the Workman

from the service. The Employer stated that the

Workman was accordingly served with a dismissal

letter dated 21-09-2002 dismissing him from service.

8. The Employer admitted that after termination

of the services of the Workman, he raised an

Industrial dispute with them demanding

reinstatement in service with full back wages. The

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

26TH DECEMBER, 2019

693

Employer also admitted that the Workman

also sought the intervention of the Labour

Commissioner, Government of Goa. The Employer

admitted that the conciliation officer appointed

u/s 4 of the I.D Act, 1947 held conciliation

proceedings in the matter. The Employer admitted

that the said proceedings ended in failure. The

Employer submitted that the ground mentioned in

para 10 (a) to (k) of the Claim statement are false

and cannot be considered under the facts and

circumstances of the present matter. The Employer

submitted that the punishment of dismissal

awarded to the Workman is just and proportionate,

considering the proved misconduct and past record

of the Workman. The Employer submitted that its

action in dismissing the Workman from service is

legal, just and proper and therefore the Workman

is not entitled to any relief as claimed.

9. The Employer stated that the Workman is

gainfully employed from the date of dismissal till

date and as such no hardship is caused to the

Workman. The Employer submitted that the

Workman has accepted his gratuity by duly signing

the settlement before the Labour Commissioner.

The Employer submitted that the Workman never

showed his insistence for his reinstatement during

the said proceedings and in fact has willingly

accepted the gratuity payment. The Employer

submitted that reinstatement is nothing but a mere

afterthought with malafide intention, especially

since after settlement before the Labour

Commissioner, the Workman has accepted gratuity

as a full and final settlement of his dues.

10. The Employer submitted that in the event,

this Hon’ble Court set aside the enquiry on any of

the ground they may be permitted to lead a fresh

evidence before this court to prove the charges.

The Employer stated that in view of escalating and

continuing losses, they closed the manufacturing

operations of their unit located at plot No. 2, Corlim

Industrial Estate on 16-06-2012 by informing

G.I.D.C., Patto, Panaji-Goa, vide their letter dated

10-07-2012. The Employer stated that in view of

closure, they have withdrawn their application for

registration with Director of Industries, Trade and

Commerce and as such there will be no registration

certificate. The Employer stated that vide

memorandum of settlement dated 14-06-2012 in the

office of Commissioner of Labour retrenched all

their sixty-three workmen on their roll. The

Employer therefore prayed for dismissal of the

present reference issued by the Government of Goa.

The Employer denied the overall case of the

Workman as pleaded in his statement of claim and

prayed for dismissal of the present reference issued

by the Government of Goa.

11. Thereafter, the Workman filed his Re-joinder

on 12-07-2011 at Exb.-8. The Workman, by way of

his Re-joinder, confirms and reiterates all the

submissions and averments made by him in his

claim statement to be true and correct and denies

all the statements and averments made by the

Employer in the Written Statement which are

contrary to the statements and averments made by

him.

12. Based on the pleadings filed by the

respective Parties in the present proceedings, this

Hon’ble Court framed certain issues on 09-08-2011

at Exhibit-9. Among the said issues, the following

Issue No. 1 and 2 were treated as Preliminary Issues.

1. Whether a fair and proper enquiry was

conducted against the Workman/Party-I?

2. Whether the charges of misconduct leveled

against the Workman/Party I vide charge-

-sheet dated 10-07-2002 are proved to the

satisfaction of this Court by acceptable

evidence?

3. Whether the Workman/Party I proves that

the action of the Employer/Party II in

refusing employment to him w.e.f.

17-11-2002 is illegal and unjustified?

4. Whether the Employer/Party II proves that

the present order of reference is null and

void in view of the preliminary objections

raised by them in para (i) and (ii) of their

written statement?

5. Whether the Workman/Party I is entitled to

any relief?

6. What Order? What Award?

13. My answers to the aforesaid issues are as

under:

(a) Issue No. 1

:

In the Negative.

(b) Issue No. 2

:

In the Negative.

(c) Issue No. 3

:

In the Affirmative.

(d) Issue No. 4

:

In the Negative.

(e) Issue No. 5 & 6

:

As per final order.

I have heard the oral arguments of Ld. Adv. Shri

A. V. Nigalye, appearing for the Workman as well

as Ld. Adv. Shri P. Chawdikar, appearing for the

Employer.

14. Ld. Adv. Shri A.V. Nigalye, appearing for the

Workman, during the course of his oral arguments,

submitted that the Workman was employed with

the Employer as ‘Senior Operator’. He submitted

that the Workman was initially appointed as ‘Asstt.

Operator’ and subsequently promoted as ‘Senior

Operator’. He submitted that vide order dated

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

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694

26-02-2014 passed by this Hon’ble Court in its

findings on preliminary issue No. 1 and 2 held that

no fair and proper enquiry has been conducted

against the workman in respect of the charge-sheet

dated 10-07-2002 and therefore the enquiry

conducted against the workman is quashed and

set aside. He submitted that the Employer led its

evidence before this Hon’ble Court by examining

two witnesses, namely, Shri Anant G. Devlekar and

Shri Ashok Patwardhan to prove the charges of

misconduct levelled against the workman, vide

charge-sheet dated 10-07-2002. He submitted that

the oral evidence adduced by the Employer

through its aforesaid witnesses is contrary to the

documentary evidence on record. He submitted

that the witness of the Employer, Shri Ashok

Patwardhan indicates that he was not having any

authority to depose in the present matter and that

as an Accounts Officer of the Employer his duties

were related to the accounts of the Employer

Company. He submitted that both the said

witnesses admitted that the Employer used to

make late payment quiet often to the workers in

the year 2001 and 2002 and that the said delayed

payment used to go for 25 days. He submitted that

both the said witnesses admitted that the workers

used to face financial difficulties due to delay in

making payments to them. He submitted that the

second witness of the Employer deposed that he

do not know as to who was maintaining the

attendance record in the year 2001 and 2002 in the

Employer Company and that he is unable to tell as

to who was supervising the said person

maintaining the attendance record during the said

period. He submitted that the second witness of

the Employer admitted that the said absence of

leave of the workman were condoned by his

superiors from time to time. He submitted that the

second witness of the Employer deposed that at

present he do not possess any record in writing in

support of his statement made in para 7 of his

affidavit in evidence, wherein the workman have

been shown as absent from November, 2001 till

April, 2002 for a total period of 71.5 days. He

therefore submitted that the Employer has failed

to prove the charges of misconduct as stated in

the charge-sheet dated 10-07-2002 issued to him.

He submitted that the termination of services of

the Workman by the Employer w.e.f. 17-11-2002 is

illegal and unjustified. He submitted that without

prejudice to his aforesaid contention, the

punishment of dismissal from service issued to the

Workman is too severe and disproportionate to the

proved misconduct. He submitted that after

termination of services of the workman, he has

been unemployed. He submitted that the workman

has made efforts to secure gainful employment,

however, he could not succeed. He submitted that

the Employer has closed its factory w.e.f.

16-06-2012. He therefore submitted that he is

entitled for full back wages.

15. Per contra, Ld. Adv. Shri P. Chawdikar,

representing the Employer, during the course of

his oral arguments, submitted that by order dated

26-02-2014, passed on the findings on the

preliminary issue No. 1 and 2, this Hon’ble Court

quashed and set aside the enquiry held against

the Workman in respect of charge-sheet dated

10-07-2002 being unfair and improper. He

submitted that the Employer therefore led

independent evidence oral as well as documentary

by examining two witnesses, namely, Shri Anant

G. Devlekar and Shri Ashok Patwardhan. He

submitted that the oral as well as documentary

evidence led by the Employer through its aforesaid

witnesses proved the charges of misconduct

levelled against the workman, vide charge-sheet

dated 10-07-2002. He submitted that the said oral

as well as documentary evidence on record clearly

indicates that the Workman had remained absent

unauthorizedly for 71.5 days for the period from

September, 2001 till April, 2002 as spelt out in the

charge-sheet issued to him. He submitted that the

said evidence on record clearly proves the

misconduct of habitual absence without leave etc.

as spelt out in the charge-sheet. He therefore

submitted that the refusal of employment to the

Workman is just, fair and legal and the Workman is

therefore not entitled to any relief. He submitted

that punishment of dismissal is proportionate to

the proved misconduct. Without prejudice to his

aforesaid submission, he submitted that the

Employer has produced on record oral as well as

documentary evidence pertaining to the closure of

its factory w.e.f. 16-06-2012. He submitted that the

Employer also produced on record a memorandum

of settlement dated 14-06-2012 signed with its

employees union and a compact disc showing the

gainful employment of the Workman.

I have carefully perused the entire records of

the present case. I have also carefully considered

the oral submissions advanced by Ld. Adv. Shri P.

Chawdikar appearing for the Employer.

16. Issue No. 1 and 2:

Vide order dated 26-02-2014, passed in my

finding on the preliminary issue No. 1 and 2, I have

come to the conclusion and held that no fair and

proper enquiry has been conducted against the

Workman in respect of the charge-sheet dated

10-07-2002 and that the enquiry conducted against

the Workman is quashed and set aside.

OFFICIAL GAZETTE — GOVT. OF GOA

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695

17. Issue No. 3:

As the enquiry was quashed and set aside, the

Employer chose to lead independent evidence on

the floor of this court by examining two witnesses

to prove the charges of misconduct as spelt out in

the charge-sheet dated 10-07-2002, issued to the

Workman.

The first witness of the Workman, Shri Anant G.

Devlekar in his affidavit in evidence on record,

deposed that he is working with the Employer as

Administrative Manager, handling day to day

working of administrative department such as

salary, leave records, attendance etc. of workmen

of the Employer Company. The said witness in

para 9 of his affidavit-in-evidence deposed that the

Workman remained absent from September, 2001

to April, 2002 for total 71.5 days (being September,

2001- 08 days, November, 2001–15. 5 days, December,

2001-15.5 days, February, 2002–06 days, March,

2002-12.5 days and April, 2002–14 days) and also

produced on record copies of extract of muster roll

for the period starting from September, 2001 to

April, 2002 (Exb. 22-colly). He deposed that inspite

of repeated warnings, caution etc., the Workman

did not improve in his attendance and deliberately

remained absent from work. He deposed that the

Workman frequently remained absent unauthorizedly

without any satisfactory explanation and without

any proper justification. He deposed that due to

such acts on behalf of the workman, the Employer

had suffered production loss.

18. He was cross-examined by Ld. Adv. Shri A.

V. Nigalye, appearing for the Workman. In his cross-

examination, Shri Devlekar admitted that in his

earlier affidavit-in-evidence filed in the present

proceedings, he deposed that he is presently

designated as consultant. He deposed that in the

present affidavit in evidence, he deposed that he

was working with the Employer as Administrative

Manager. The witness further deposed that he was

Administrative Manager prior to the year 2013. The

witness finally admitted that presently, he is not

working as Administrative Manager with the

Employer Company and that his statement made

in para 1 of his affidavit in evidence is incorrect

statement. He admitted that in the year 2001, he

was not posted in any of the branch of the Employer

in Goa and that one Mr. Desai was posted at Goa

branch of the Employer as its Manager in the year

2001 and 2002, however, he do not remember his

first name. He deposed that he do not remember

the name of the person as well as his designation,

who was entrusted with the work of maintaining

the muster roll in the year 2001 and 2002 by the

Employer at its Corlim branch. He deposed that he

do not identify the hand-writing appearing on the

muster roll at Exb.22-colly. He deposed that apart

from the muster roll, the Employer do not have any

other records pertaining to the attendance of the

Workman. He deposed that he do not recollect as

to whether the Employer used to obtain the

signature of its workers or maintaining punching

card system to mark the attendance of its workers.

He admitted that the contents of para 9 of his

affidavit in evidence do not match with the muster

roll at Exb. 22-colly. He deposed that the aforesaid

mistake has been made by the clerk appointed by

the Employer, however, he do not know his name.

He deposed that at the time of preparing the charge-

-sheet, he had not seen the muster roll maintained

by the Employer, wherein the attendance of the

Workman has been marked. He deposed that he do

not remember as to who had prepared the said

charge-sheet against the Workman. He admitted

that in his earlier cross-examination, in the present

matter, he has deposed that sometimes the

Workman used to remain absent on medical

grounds and subsequently, he used to submit the

medical certificate. He admitted that there was

delay in payment of wages to the workers of the

Employer at the relevant time i.e. from September,

2001 to April, 2002. He deposed that the Workman

used to travel from his native place at Mandur,

Dongrim, Tiswadi, Goa to the factory of the

Employer to report for his duties, which is around

15 kms. away from the factory of the Employer. He

deposed that he do not know as to whether due to

delay in payment of wages of the Workman, he

used to find difficult to travel by bus from his place

of residence to the factory of the Employer. He

admitted that because of delay in payment of wages

of the workers, there was consequential delay in

payment of ESI contribution of the workers. He

deposed that he do not know as to whether because

of unavailability of ESI facility, the Workman was

compelled to approach the private doctor for

medical treatment of himself as well as of his family

members at the relevant time. He deposed that

delay in payment of wages affected the attendance

of the Workman. He deposed that he is not aware

as to whether whenever the Workman used to

remain absent, he used to intimate to the

management of the Employer about his absenteeism

either by telephonically or otherwise. He deposed

that he do not know as to whether the Workman

used to remain absent hardly for one or two days

in a month and that contents of para 9 of his

affidavit in evidence is false.

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Thus, the aforesaid oral as well as documentary

evidence led by the Employer through its witness

Shri Anant Devlekar is full of contradictions. The

testimony of the said first witness of the Employer

Shri Devlekar has been shaken and as such could

not be believed.

19. The second witness of the Employer, namely,

Shri Ashok Patwardhan filed his affidavit in

evidence and also produced on record certain

documents. The said affidavit in evidence of the

Employer’s witness, Shri Ashok Patwardhan namely

two compact discs (Exb. 40), copy of letter of the

Employer dated 10-07-2012 (Exb. 41) and copy of

memorandum of settlement dated 14-06-2012

(Exb. 42). The contents of affidavit-in-evidence of

both the witnesses of the Employer are more or

less same. More so ever, Shri Patwardhan, in

para 6 of his affidavit in evidence deposed that

71.5 days of unauthorized absence of the Workman,

similar to the deposition of para 9 of the first witness

of the Employer Shri Devlekar. The said para 6 of

affidavit in evidence of the said witness of the

Employer do not match with the copies of extract

of muster roll on record at Exb. 22-colly and as

such differs from each other. Hence, I am not

inclined to give any weightage to the said oral

evidence of Shri Ashok Patwardhan.

20. On the contrary, the evidence on record

indicates that the Workman was in the employment

of the Employer for over 12 years till he was

dismissed from service w.e.f. 17-11-2002. The

Workman was initially appointed as Asstt. Operator

and subsequently promoted as ‘Senior Operator’.

The Employer also failed to produce on record any

memo, show-cause notices, warning letters, charge-

-sheets etc. issued to the Workman in the past in

his long term service with them. The second

witness of the Employer Shri Patwardhan admitted

that at the relevant time, there was delay in

payment of wages to the workers. The said witness

of the Employer also admitted that the Workman

used to remain absent on medical ground and

subsequently, he used to submit the medical

certificate. In view of above, it is held that the

Employer also failed to prove any of the charges of

misconduct as spelt out in the charge-sheet dated

10-07-2002, issued to the Workman, either by

holding a fair and proper enquiry in accordance

with principles of natural justice or also on the

floor of this court. In the absence of any proved

misconduct on the part of the Workman, it is held

that the action of the Employer in refusing

employment to the Workman w.e.f. 17-11-2002 is

illegal and unjustified. The issue No. 3 is therefore

answered in the affirmative.

21. Issue No. 4:

The Employer, as and by way of its preliminary

objections, filed in the written statement, submitted

that the reference is null and void as there is no

industrial dispute exists as defined u/s 2 (k) of the

I.D. Act, 1947 and that the reference has been made

by the Government of Goa, without any material

on record, in haste and without application of mind.

The burden to prove the aforesaid issue is therefore

on the Employer. The Employer has however, failed

to bring on record any material evidence in support

of the aforesaid issue. Even otherwise, in the case

in hand, it is not in dispute that the Party I is a

‘workman’ within the meaning of Section 2(s) of

the I.D. Act, 1947. It is also not in dispute that the

Party II Company is an ‘Employer’ within the

meaning of Section 2(j) of the I.D. Act, 1947. Hence,

the present dispute raised by the workman against

the Employer pertaining to his non-employment is

an ‘industrial dispute’ within the meaning of

Section 2(k) of the I.D. Act, 1947 and as such this

court has every jurisdiction to adjudicate the

present reference. Consequently, the Employer

failed to prove its allegations that the reference is

bad-in-law for any reasons as there is no industrial

dispute exists as defined u/s 2 (k) of the I.D. Act,

1947 and that the reference has been made by the

Government of Goa without any material on record,

in haste and without application of mind. The issue

No. 4 is therefore answered in the negative.

22. Issue No. 5:

While deciding the issue No. 3 hereinabove,

I have discussed and come to the conclusion that

the action of the Employer in refusing employment

to the Workman w.e.f. 17-11-2002 is illegal and

unjustified. The evidence on record indicates that

the Workman was initially appointed as Asstt.

Operator and subsequently promoted as Senior

Operator. The evidence on record indicates that

the Employer has permanently closed its Corlim

unit w.e.f. 16-06-2012 due to unavoidable and

unforeseen circumstances and withdrawn its

application for registration with the Director of

Industries, Trade and Commerce, vide its letter

dated 10-07-2012 (Exb.41). The Workman is

therefore not entitled for any reinstatement in the

service of the Employer.

23. In the case of Deepali Gundu Surwase

v/s. Kranti Junior Adhyapak Mahavidyalaya (D.

ED.) and Ors., reported in (2013) 10 SCC 324, the

Hon’ble Apex Court has held that if the order of

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697

termination is void ab initio, the Workman is

entitled to full back wages. The relevant para of

the decision is extracted hereunder:

“22. The very idea of restoring an employee to

the position which he held before dismissal or

removal or termination of service implies that

the employee will be put in the same position

in which he would have been but for the illegal

action taken by the employer. The injury

suffered by a person, who is dismissed or

removed or is otherwise terminated from service

cannot easily be measured in terms of money.

With the passing of an order which has the

effect of severing the employer–employee

relationship, the latter’s source of income gets

dried up. Not only the concerned employee,

but his entire family suffers grave adversities.

They are deprived of the source of sustenance.

The children are deprived of nutritious food

and all opportunities of education and

advancement in life. At times, the family has to

borrow from the relatives and other

acquaintance to avoid starvation. These

sufferings continue till the competent

adjudicatory forum decides on the legality of

the action taken by the employer. The

reinstatement of such an employee, which is

preceded by a finding of the competent

judicial/quasi-judicial body or court that the

action taken by the employer is ultra vires the

relevant statutory provisions or the principles

of natural justice, entitles the employee to claim

full back wages. If the employer wants to deny

back wages to the employee or contest his

entitlement to get consequential benefits, then

it is for him/her to specifically plead and prove

that during the intervening period the

employee was gainfully employed and was

getting the same emoluments. Denial of back

wages to an employee, who has suffered due

to an illegal act of the employer would amount

to indirectly punishing the concerned employee

and rewarding the employer by relieving him

of the obligation to pay back wages including

the emoluments.”

24. The principle laid down by the Hon’ble Apex

Court is well recognized and is also applicable to

the case in hand. In the case in hand, the Workman

was in the employment of the Employer for over 12

years till he was illegally dismissed from service

w.e.f. 17-11-2002. The driving license issued by the

Directorate of Transport at Exb.45-cross indicates

that his date of birth is 30-06-1961. This implies

that his age on the date of dismissal i.e. on

17-11-2002 was over 41 years. The Workman

pleaded and also stated on oath that he is

unemployed from the date of his termination till

date and that he has made efforts to secure gainful

employment. However, he has not been successful

because he was dismissed employee. He deposed

that his family owns an Innova car bearing

registration No. GA-07-F-2592, which was

purchased by his family as tourist taxi in his name.

25. In his cross-examination, the Workman

deposed that his educational qualification is

standard Xth failed in English medium. He deposed

that his family purchased the said Innova car in

the year 2012 for an amount of Rs. 11,50,000/- by

obtaining a loan of Rs. 9,00,000/- and that they

were paying loan instalment of Rs. 17,500/- p.m. He

deposed that on an average his gross income was

Rs. 15000/- to Rs. 20,000/- per month from hiring

the said vehicle. He deposed that he is married

person having one daughter of 15 years old,

studying in IXth standard. He deposed that his

wife is house wife and that he spent around

Rs. 2000/- to Rs. 3000/- on household expenses. The

compact disc produced by the Employer on record

at Exb. 40, is not supported by a certificate of a

responsible official. There is no corroborative

evidence to support the compact disc. Taking into

consideration the relevant factors, a lump sum

amount of Rs. 3,00,000/- (Rupees three lakhs only)

be paid to the workman, in order to meet the ends

of justice.

In view of the above, I proceed to pass the

following order:

ORDER

1. It is held that the action of M/s Garware

Goa Nets Limited, Corlim Industrial Estate,

Corlim, Goa in refusing employment to Shri

Lavu Shirodkar, Operator with effect from

17-11-2002, is illegal and unjustified.

2. The Employer, M/s. Garware Goa Nets

Limited, Corlim, Industrial Estate, Corlim,

Goa is hereby directed to pay to the

Workman, Shri Lavu Shirodkara sum of

Rs. 3,00,000/- (Rupees Three lakhs only)

within a period of two months from the date

of passing the present order.

3. No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar)

Presiding Officer,

Labour Court-II.

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Notification

No. 28/2/2019-LAB/824

The following award passed by the Labour

Court-II, at Panaji-Goa on 18-11-2019 in Case

No. Ref. IT/18/2010 is hereby published as required

under Section 17 of the Industrial Disputes Act, 1947

(Central Act 14 of 1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 11th December, 2019.

______

LABOUR COURT-II

GOVERNMENT OF GOA

AT PANAJI

(Before Shri Suresh N. Narulkar, Hon’ble

Presiding Officer)

Case No. Ref. IT/18/2010

Shri Vishnu Gawade,

Rep. by the Secretary,

Goa Trade and Commercial

Workers Union,

Velho Bldg., Panaji-Goa.

… Workman/Party I

V/s

M/s. G.K.B. Vision Ltd.,

Plot No. 27 and 28,

Pilerne Industrial Estate,

Pilerne, Bardez-Goa.

… Employer/Party II

Workman/Party I represented by Adv. Shri Suhas

Naik.

Employer/Party II represented by Adv. Shri A.V.

Nigalye.

Panaji, Dated: 18-11-2019.

AWARD

1. In exercise of the powers conferred by Clause

(d) of sub-section (1) of Section 10 of the Industrial

Disputes Act, 1947 (Central Act 14 of 1947), the

Government of Goa, by Order dated 10-05-2010,

bearing No. 28-15-2010-LAB, referred the following

dispute for adjudication to the Industrial Tribunal

of Goa. The Government of Goa, vide its another

order dated 09-02-2016, transferred the present

dispute to this Labour Court-II, Panaji, Goa.

“(1) Whether the action of the management of

M/s. GKB Vision Limited, Pilerne Industrial

Estate, Pilerne, Bardez, Goa, in dismissing

the service of its Workman, Shri Vishnu

Gawade, with effect from 24-12-2008, is legal

and justified?

(2) If not, what relief the Workman is entitled

to?”

2. On receipt of the reference, a case was

registered under No. IT/18/10 and registered

A/D notice was issued to the Parties. In pursuance

to the said notice, the Parties put in their

appearance. The Workman/Party-I (for short

‘Workman’), filed his statement of claim on

17-09-2010 at Exb-3. The facts of the case in brief

as pleaded by the Workman are that he was

employed in the workshop dept. as ‘Lathe Operator’

by the Employer/Party II (for short, ‘Employer’). He

stated that he was issued a charge-sheet dated

27-08-2007 alleging certain acts of misconducts.

He stated that he filed his reply to the said charge-

-sheet denying each and every allegations.

3. He stated that however, the Employer went

ahead to conduct the enquiry against him. He

stated that an enquiry was setup against him by

the Employer by appointing Adv. Shri A.M.

Gaikwad as an Enquiry Officer to investigate into

the acts of misconduct. He stated that he was

represented by an office bearer of the union. On

the contrary, the management was represented by

Adv. A. Nigalye. He stated that after conclusion of

the enquiry, Ld. Enquiry Officer submitted his

findings dated 09-12-2008 to the Employer. He

stated that thereafter, the Employer dismissed him

from its service vide its order dated 24-12-2008

with immediate effect. He submitted that being

aggrieved by the dismissal order dated 24-12-2018,

he raised an industrial dispute before the office of

the Labour Commissioner, vide his letter dated

29-01-2009 demanding immediate reinstatement

with full back wages and continuity in service,

which ended in failure.

4. The Workman contended that the Enquiry

Officer never considered the objection raised by

him and his representative in the said enquiry. He

submitted that the Enquiry Officer arbitrarily and

mechanically overruled his written objections and

totally acted in a biased and prejudicial manner in

favour of the Employer. He submitted that the

findings given by the Enquiry Officer are non-

reasoned findings in a mechanical manner without

proper reasoning in favour of the management. He

submitted that no charge levelled against him in

the charge-sheet dated 27-08-2007 have been

proved beyond reasonable doubt. He submitted

that the findings given by the Enquiry Officer are

perverse and are liable to be set aside and

quashed. He submitted that the Enquiry Officer

has acted as a mere agent of the management,

who made a farce of enquiry and conducted the

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enquiry in a flagrant violations of the principles of

natural justice and completed the said enquiry with

undue haste with biased and prejudicial mind in

favour of the management. He submitted that he

disputes and challenges the entire enquiry

proceedings conducted by the Enquiry Officer in

respect of charge-sheet dated 27-08-2007. He

submitted that the Enquiry Officer has committed

gross error of non-application of mind and in

favouring the management by stretching evidence

in favour of the management. He submitted that

the Enquiry Officer has failed to discuss and

analyze the evidence as well as material of the

defense and merely stated that the misconduct

levelled against him stands proved. He submitted

that no reason of whatsoever nature has been given

by the Enquiry Officer for not considering the

evidence of the defense. He submitted that the

witnesses examined by the management are

managerial and supervisory staff and as such their

testimony cannot be believed. He submitted that

none of the workmen or co-worker has been

examined by the management as its witness to

prove their case. He submitted that the findings

given by the Enquiry Officer are not based on

evidence on record and that there is no direct

evidence against him. He submitted that his

dismissal from service smacks of malafides

intended to take revenge on him for his legitimate

trade union activities and for being an office bearer

of the union. He submitted that after termination

of his services, the management has recruited new

workmen at his factory. He therefore submitted

that his dismissal from service is illegal, unjust,

bad-in-law and therefore entitled for immediate

reinstatement with full back wages and continuity

in service.

Without prejudice to his aforesaid contentions,

he submitted that the punishment meted out to

him of dismissal from service is too harsh and

disproportionate considering the nature of

allegations leveled against him without admitting

that the allegations are proved in the enquiry. He

stated that he is presently unemployed and does

not have any source of income. The Workman

therefore prayed that the action of the Employer in

dismissing him from service w.e.f. 24-12-2008 be

held as illegal, unjustified and bad-in-law and he

be reinstated in service with full back wages,

continuity in service and all other consequential

benefits thereof.

5. The Employer resisted the claim of the

Workman by filing its written statement on

11-10-2010 at Exb.5. The Employer, as and by way

of its preliminary objections, submitted that the

dispute raised by the Workman is without merits

and as such the reference is liable to be rejected.

The Employer submitted that the Goa Trade

and Commercial Workers Union on whose

representation the purported dispute is referred to

this Hon’ble Tribunal has no authority and locus

standi to represent the Workman and to espouse

the dispute on his behalf.

6. The Employer stated that it is a Company

incorporated under the Companies Act, 1956,

having its registered office at Pilerne Industrial

Estate, Pilerne, Bardez, Goa. The Employer stated

that it has a factory, wherein it is engaged in the

manufacture of ophthalmic lenses. The Employer

stated that it is an export oriented unit in terms of

manufacturing license issued to it and it has to

carry out its operations in strict compliance with

the said manufacturing license.

7. The Employer admitted that the Workman

under reference has been employed by them in its

factory for manufacturing activities. The Employer

stated that on 22-08-2007, the Workman was posted

in a section of the factory known as progressive

department. The Employer stated that at about

8.14 hours on the said date, the Workman left his

workplace in the progressive department without

permission of his superiors. The Employer stated

that thereafter, he and other three workmen led

around 38 workers and barged in the office of its

General Manager, Mr. R.A. Prabhu without any

permission and gheroed him. The Employer stated

that he alongwith other three workmen, Shri

Kishore Tuyenkar, Surendra Tuyenkar and Shri

Santosh Parab were the leaders of the mob. The

Employer stated that he remained in the office of

the General Manager for over 15 minutes

abandoning the work allotted to him. The Employer

stated that the aforesaid acts being serious acts of

misconduct, a charge-sheet was served on the

Workman detailing the said charges. The Employer

stated that the Workman was therefore charged as

follows “14 (3) (c): Willful damage to or loss of

employers goods or property,14 (3) (h): Riotous or

disorderly behaviour during working hours at the

establishment or any act subversive of discipline”.

The Employer stated that the Workman was

required to show-cause as to why the disciplinary

action is not be taken against him for the aforesaid

misconducts. The Employer stated that the

Workman submitted his reply dated 28-08-2007 to

the said charge-sheet. The Employer stated that

the explanation given by the Workman by the said

reply was not found to be satisfactory.

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8. The Employer stated that thereafter a joint

domestic enquiry was held into the charge-sheet

issued to the Workman and the other three

workmen by appointing Shri A. M. Gaikwad. The

Employer stated that all the four workmen

participated in the enquiry. The Employer stated

that during the course of enquiry, Shri Santosh

Parab left the services. The Employer stated that

the Workman and the other two Workman were

represented in the enquiry by an office bearer of

the union, Shri Suhas Naik. The Employer stated

that their representative cross-examined

management witnesses and the Workman also

produced his own evidence. The Employer stated

that full opportunity was given to the Workman to

defend himself and the enquiry was held in

compliance with the principles of natural justice

and fair play. The Employer stated that on

conclusion of the evidence, the Enquiry Officer

submitted his findings dated 08-12-2008, wherein

he held that the charges “riotous or disorderly

behaviour during working hours at the

establishment or any act subversive of discipline”

is proved against the Workman and Shri Kishore

Tuyenkar and Shri Surendra Tuyenkar.

9. The Employer stated that by show-cause

notice dated 10-12-2008, a copy of the said findings

was made available to the Workman and he was

required to show-cause as to why the said findings

should not be accepted. The Employer stated that

by letter dated 16-12-2008, the Workman sought

time for four weeks to submit his explanation to

the show-cause notice. The Employer stated that

by another show cause notice dated 18-12-2008

signed by its director, Shri Gaurav Gupta, they

informed the Workman that his request for granting

time to submit his reply is rejected and that further

informed him that he has accepted the findings of

the Enquiry Officer dated 09-12-2008. The Employer

stated that by the said show-cause notice, the

Workman was informed that Shri Gaurav Gupta

has come to the tentative conclusion to award the

penalty of dismissal from service to the Workman

and he was given an opportunity on the proposed

penalty to make his representation on the proposed

penalty within four days from the date of receipt

of the said notice. The Employer stated that the

Workman submitted his reply to the said show

cause notice by his letter dated 22-12-2008. The

Employer stated that as the said reply was not

found to be satisfactory, the Employer dismissed

the Workman from service with immediate effect

by order dated 24-12-2008.

10. The Employer submitted that the dismissal

of the Workman from service is just and legal as

the Workman was involved in a very serious

misconduct of leading the workers and gheroaing

its General Manager. The Employer submitted that

the principles of natural justice were duly complied

with in the enquiry wherein the Workman was

represented by an office bearer of a trade union.

The Employer submitted that the findings of the

Enquiry Officer are based on the evidence and

material on record of the enquiry proceedings. The

Employer submitted that the said findings are

perfectly fair and proper. The Employer submitted

that the charges of misconduct proved against the

Workman are very grave and serious and such acts

deserves the penalty of dismissal from service. The

Employer therefore submitted that its action in

dismissing the Workman from service is therefore

perfectly legal and justified.

Without prejudice to its contention, the

Employer submitted that in the event this Hon’ble

Tribunal holds for any reason whatsoever that the

said enquiry is not fair and proper or the findings

of the Enquiry Officer are not legal or not based on

evidence on record, they may be given an

opportunity to substitute the charges of

misconduct alleged against the Workman by

producing appropriate evidence in this Hon’ble

Tribunal. The Employer denied the overall case as

pleaded by the Workman and prayed for dismissal

of the present reference.

11. Thereafter, the Workman filed his rejoinder

on 15-04-2011 at Exb.8. The Workman, by way of

his Re-joinder, confirms and reiterates all the

submissions and averments made by him in his

claim statement to be true and correct and denies

all the statements and averments made by the

Employer in the Written Statement, which are

contrary to the statements and averments made by

him.

12. Based on the pleadings filed by the

respective parties, this court framed the following

issues on 11-03-2011 at Exb. 6.

1. Whether the Party-I/Union proves that the

enquiry was not fair and proper?

2. Whether the charges levelled against the

Workman are proved to the satisfaction of

the Tribunal by acceptable evidence?

3. Whether the Party-I/Union proves that his

dismissal from services w.e.f. 24-12-2008 is

illegal and unjustified?

4. Whether the Party II proves that the

Party I/Union has no locus standi to espouse

the dispute?

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13. Among the said issues, the issue No. 1 and

2 have been treated as preliminary issues. Both the

parties i.e. the Workman as well as the Employer

led their evidence respectively and the matter was

fixed for order on the findings of the preliminary

issue No.1 and 2, after hearing the arguments of

both the parties. It is at this stage, Ld. Adv. Shri

Suhas Naik, appearing for the Workman as well as

Ld. Adv. Shri A. V. Nigalye, appearing for the

Employer orally submitted that they are trying to

settle the matter amicably, accordingly, Ld. Adv.

Shri Suhas Naik, appearing for the Workman as

well as Ld. Adv. Shri A. V. Nigalye, appearing for

the Employer alongwith the Workman as well as

the Manager of the Employer remained present on

18-11-2019 and submitted that the parties have

amicably settled the matter and filed terms of

consent at Exb. 14 and prayed for passing consent

award. The terms of settlement appearing in

Exb. 14 are reproduced hereunder:

a.

The Employer/Party II is hereby paying an

amount of Rs. 1,25,000/- (Rupees one lakh

twenty five thousand only) to the

Workman/Party I in full and final settlement

of the claim by Party I. The said amount is

paid by a demand draft dated 18-11-2019

drawn on Bank of India, Mapuca Branch

bearing No. 149705. The Workman/Party I

acknowledges the receipt of the same.

b.

The Workman/Party I hereby agrees and

declares that all his claims and demands

against Party II/Employer are hereby

conclusively settled on payment of the

aforesaid amounts and he has no further

claim or demand of whatsoever nature

against the Employer/Party II. Similarly, the

Party II/Employer shall have no claim or

demand against the Workman/Party I.

I have carefully perused the said terms of

settlement at Exb.14 signed by and between the

parties hereinabove. The said terms of settlement

are beneficial to both the parties. Hence, I

consented for the same. Since the dispute under

reference is settled between the parties, I hold

that the dispute under present reference does not

survive.

In view of the above, I proceed to pass the

following order:

ORDER

1.

It is held that the action of the management

of M/s. GKB Vision Limited, Pilerne Industrial

Estate, Pilerne, Bardez-Goa, in dismissing

from service its Workman, Shri Vishnu

Gawade, with effect from 24-12-2008, is legal

and justified?, does not survive.

2.

The Workman, Shri Vishnu Gawade, is not

entitled to any relief.

3.

No order as to costs.

Inform the Government accordingly.

Sd/-

(Suresh N. Narulkar),

Presiding Officer,

Labour Court-II.

________

Notification

No. 28/2/2019-LAB/Part-I/819

The following award passed by the Industrial

Tribunal and Labour Court, at Panaji-Goa on

06-11-2019 in Ref. No. IT/106/07 is hereby

published as required under Section 17 of the

Industrial Disputes Act, 1947 (Central Act 14 of

1947).

By order and in the name of the Governor of

Goa.

A. S. Mahatme, Under Secretary (Labour).

Porvorim, 10th December, 2019.

______

IN THE INDUSTRIAL TRIBUNAL AND

LABOUR COURT

GOVERNMENT OF GOA

AT PANAJI

(Before Mr. Vincent D’Silva, Hon’ble Presiding

Officer)

Ref. No. IT/106/07

Ms. Baby Naik and 41 Others,

Rep. by the President,

Goa Trade and Commercial

Workers Union, 2nd Floor,

Velho’s Building,

Opp. Municipal Garden,

Panaji-Goa.

… Workmen/Party I

V/s

M/s Sigma Laboratories Ltd.,

6-7-8, Thivim Industrial Estate,

Thivim, Mapusa-Goa.

… Employer/Party II

Workmen/Party I represented by Ld. Adv. Shri

Suhaas Naik.

Employer/Party II represented by Ld. Adv. Shri M.

S. Bandodkar.

OFFICIAL GAZETTE — GOVT. OF GOA

SERIES II No. 39

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702

AWARD

(Delivered on this the 6th day of the month

of November, of the year 2019)

By Order dated 23-10-2007, bearing No. 28/49/

/2006-LAB/-1450, the Government of Goa in

exercise of powers conferred by Section 10(1)(d) of

the Industrial Disputes Act, 1947 (for short The

Act), has referred the following dispute to this

Tribunal for adjudication.

“(a) Whether the action of the management of

M/s. Sigma Laboratories Limited, Thivim

Industrial Estate, Karaswada, Mapusa-

-Goa, in terminating the services of

forty-two workmen mentioned below, with

effect from 31-03-2005, is legal and justified?

Sr.

Name of the Workman

No.

1

2

1. Ms. Baby Naik.

2. Ms. Kamini Naik.

3. Ms. Seveirene Dias.

4. Mr. Ramchandra Churi.

5. Ms. Elizabeth D’Souza.

6. Ms. Uidika Parsekar.

7. Ms. Pratibha Dhargalkar.

8. Ms. Neelima Kasalkar.

9. Ms. Pratakta Govekar.

10. Mr. Gopichand Mahale.

11. Ms. Ramakant N. Parab.

12. Mr. Sandeep Redkar.

13. Mr. Bhushan Mayekar.

14. Mr. Rajendra Harmalkar.

15. Ms. Pratibha Parkar.

16. Ms. Sharad Harmalkar.

17. Ms. Laurian D. Carrasco.

18. Ms. Sita Mavlikar.

19. Ms. Nirmala Desai.

20 Ms. Sandhya Phadte.

21. Ms. Shila A. Haldankar.

22. Ms. Sandhya S.P. Gaonkar.

23. Ms. Reshma S. Vengurlekar.

24. Ms. Geetanjali G. Mayekar.

25. Ms. Pramila R. Gawande.

26. Mr. Chandrakant A. Salgaonkar.

27. Ms. Laxmi G. Gaonkar.

28. Mr. Shrikant B. Gawandi.

29. Mr. Sharad Salgaonkar.

30. Ms. Pratibha Parkar.

31. Ms. Mahalaxmi Shetye.

32. Ms. Sheela Satelkar.

33. Ms. Sulochana S. Malik.

34. Ms. Rekha N. Kerkar.

35. Ms. Geetali G. Khandekar.

36. Ms. Prafulla N. Chopdekar.

37. Ms. Siddhi Shetye.

38. Ms. Sangeeta Parab.

39. Mr. Prahlad S. Mandrekar.

40. Ms. Sangeeta M. Toraskar.

41. Ms. Marchelene Simages.

42. Ms. Suvarna Kalvalkar.

(2) If not, to what relief the workmen are

entitled?”

2. Upon receipt of the reference, IT/106/07 was

registered. Notices were issued to both the parties

under registered post, upon which both the parties

were served. Party I thereafter filed a Claim

statement at Exh. 5 and the Party II filed a Written

statement at Exh. 7.

3. In short, the case of the Party I is that the

Party II is engaged in manufacturing and supply of

pharmaceuticals products having its factory at

Thivim Industrial Estate, Thivim. The Party I are 42

permanent workmen employed at the factory

engaged in permanent and core operations. The

Managing Director of Party II on 31-3-2005 called

all the workmen in his cabin in presence of other

management staff and informed that they are

selling the factory to the other party and that they

want clearance of all the workmen before they

take over the factory and that all the workmen

must resign and in case they do not, their services

would be terminated without any compensation.

The Managing Director obtained the signatures of

all the workmen on the resignation letters under

threat, duress and forcibly handed over some

amount to them purported to be their final dues.

The Party I never voluntarily resigned from the

services and had no intention of resigning from

their services. The management has also not paid

them their correct legal dues. The Party I union

raised the dispute before the office of the Labour

Commissioner and the Party II came out with a

defence that they have signed a Memorandum of

settlement dated 31-03-2005. There is however no

mention as to under what provision the purported

Settlement dated 31-03-2005 had been entered into

and whether the workmen had given an authority

to the alleged union to sign the purported

settlement or whether it is registered or not with

the competent authority prescribed under the

statute. The purported Settlement dated 31-03-2005

is therefore illegal, unjustified and bad in law and

contracting out the statutory provisions of the

applicable law.

1

2

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4. The Party I also claimed that the Party II has

blatantly violated Section 25-FFA, 25-FFF and

25-F of the Act and had used pressure tactics and

lured some of the workmen by giving them extra

benefits to sign the said purported settlement

which is totally one sided favouring the

management. The present case is an act of unfair

labour practice adopted by the employer to get rid

of the permanent workmen under the pretext of

signing the purported Memorandum of settlement

dated 31-03-2005 which is illegal, unjustified, bad

in law, unfair, one-sided and totally favouring the

management. The Party II after terminating the

services of the workmen restarted the

manufacturing operations at the place of its

establishment at Thivim and at present the factory

of the Party II is fully operational with recruitment

of new workers in place of Party I workmen. There

is no closure of the business activities of the Party

II at its factory. It was obligatory on the part of

Party II to send intimation letters to Party I workmen

asking them to report for work and preference in

employment ought to have been given by Party II

to the Party I workmen involved in the present

reference and hence the said action of the Party II

is illegal, unjustified and bad in law. The Party I

workmen are therefore entitled for reinstatement

with full back wages and continuity in service.

5. In the Written statement, the Party II has

claimed that at no point of time the company has

terminated the services of 42 workmen concerned

in the reference. The said employees have

voluntarily resigned from the employment of the

company and their resignations cannot be termed

as termination. The workmen concerned in the

reference after resignation voluntarily accepted all

the dues and nothing is payable to them. The Party

II signed a valid settlement with the workers after

they voluntarily resigned and severed their

relationship. The Party I union has no locus standi

to represent the workmen concerned in the

reference. All the workers have accepted the

benefits arising out of settlement signed with the

Union. The Party II after paying all the dues to the

workmen including ex-gratia closed its activities

at the said establishment. Only 42 workmen out of

74 workmen have raised the dispute only after

voluntarily resigning and accepting the benefits.

The entire reference is bad in law, not maintainable

and ought to the rejected in limine. The Party I is

therefore not entitled for any relief.

6. In the rejoinder at Exh. 9, the Party I has

denied the case set up by the Party II in the written

statement.

7. Issues that came to be framed at Exh. 12 are

as follows:

(1) Whether the Party I prove that the Party II

obtained their resignation letters of the

workmen under threat, duress, force and

coercion?

(2) Whether the Party I prove that the Party II

had forced the workmen to accept the

money?

(3) Whether the Party I proves that the

settlement dated 31-3-2005 is illegal?

(4) Whether the Party I proves that the factory

is in operation and Party II has employed

new workers?

(5) What relief? What order?

8. In the course of evidence, the Party I examined

Shri R. D. Mangueshkar as witness No. 1 and

produced on record a copy of unionization letter

dated 5-10-2005 sent by union to Party II and AD

slip along with a copy of resolution at Exh. 16 colly,

a copy of dispute raised by the Party I dated

2-3-2006 at Exh. 17, copies of notices dated

22-5-2006 & 2-5-2006 issued by the Asstt. Labour

Commissioner at Exh. 18 colly, a copy of dispute

dated 3-6-2006 raised by the Ex-workmen of the

Party II at Exh. 19, copies of minutes of proceedings

and the failure report at Exh. 20 colly, a copy of

letter dated 27-3-2007 addressed by the Union to

the Secretary (Labour) at Exh. 21 and a copy of

letter dated 23-4-2008 addressed by the union to

the Labour Commissioner at Exh. 22. The Party I

also examined Smt. Laurian Carrasco as witness

No. 2 and produced on record a copy of her

appointment letter dated 20-4-1885 issued by Adel

Laboratories Pvt. Ltd. at Exh. 28, a copy of her

resignation letter along with acceptance of

resignation letter dated 31-3-2005 and receipt of

payment at Exh. 29 colly, a copy of Service

certificate dated 21-4-2005 at Exh. 31, a copy of

settlement dated 31-3-2005 along with annexure

at Exh. 32 colly. The Party I also examined Shri

Govind Sirsat who produced on record a copy of

extract of Form 9 at Exh. 53 and a copy of details

of Provident Fund remittances by Party II at Exh.

54 colly. and Shri Rajendra Kambli @ Korajkar who

produced on record a copy of inspection report

dated 2-5-2018 along with statement at Exh. 58

colly and a copy of statement along with details of

employees at Exh. 59 colly.

9. On the other hand, the Party II examined Smt.

Lourdes D’Souza as witness No. 1 and produced on

record a copy of settlement dated 31-3-2005 along

with annexures at Exh. 36 colly, a copy of letter

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704

dated 22-10-2005 by Party II to Party I at Exh. 37, a

copy of letter dated 12-1-2006 by Party II to ALC,

Panaji at Exh. 38, a copy of letter dated 3-11-2005

by Party II to ALC, Mapusa at Exh. 39, a copy of

letter dated 9-12-2005 by Party II to ALC, Panaji at

Exh. 40, a copy of minutes held before ALC dated

7-6-2006 at Exh. 41, a copy of failure report dated

18-7-2006 at Exh. 42 and the copies of resignation

letter, acceptance of resignation letter and final

settlement of dues of Ms. Vidhika Parsekar at

Exh. 43 colly and closed its case.

10. Heard arguments. Notes of Written

arguments came to be placed on record by Party I

as well as Party II.

11. I have gone through the records of the case

and have duly considered the arguments advanced.

My answers to the above issues are as follows:

Issue No. 1

…

In the Negative.

Issue No. 2

…

In the Negative.

Issue No. 3

…

In the Negative.

Issue No. 4

…

In the Negative.

Issue No. 5

…

As per final order.

REASONS

Issue Nos. 1, 2, and 3:

12. Learned Advocate Shri Suhaas Naik for the

Party I has submitted that the Managing Director

of the Party II called all the workmen in his cabin

and informed that they have decided to sell the

factory to the other party and all the workmen

must resign and go home and that they obtained

signatures of all the workmen on the resignation

letters under threat and duress and forcibly handed

over some amount purported to be their legal dues.

The workmen have never voluntarily resigned from

the services. The management has not paid the

workmen their legal dues including retrenchment

compensation, notice pay, gratuity or leave wages.

The Settlement dated 31-3-2005 is illegal,

unjustified and bad in law which amounts to

contracting out the statutory provisions of the law,

which states that the agreement is arising out of

the closure but in an event, provisions of Section

25-FFA, 25-FFF and 25-F of the Industrial Disputes

Act have not been complied with as they adopted

unfair labour practice to get rid of permanent

workmen under the pretext of signing

Memorandum of Settlement dated 31-3-2005 which

was one sided and totally favouring the

management. The forcible resignations of the

workmen amount to the termination of the

workmen from the services and therefore the

Party I workmen are entitled for the relief claimed

and in support thereof, he relied upon the cases of

(i) Maharashtra General Kamgar Union vs. Glass

Containers Pvt. Ltd., 1983 ILLJ 326 Bom;

(ii) Industrial Perfumes Ltd. vs. Industrial

Perfumes Workers, (1998) II LLJ 1177 Bom;

(iii) Aroor Carpet Factories, Private vs. K. N.

Henry and Ors, AIR 1964 Ker 162.

13. Per contra, Ld. Adv. Shri M. S. Bandodkar for

the Party II has submitted that the reference speaks

about the termination of services of 42 workmen

from 31-3-2005, although there were 74 workmen.

There is no evidence that the services of the

workmen have been terminated and in fact it is

not the case of the management that the factory

has been closed but it has offered VRS scheme to

all the workmen which was accepted by them vide

Settlement dated 31-3-2005. The documents

produced by the company clearly show that it was

a case of voluntary retirement and that the service

certificates have also been given to all the 74

workmen, including Party I which show the

workmen have left of their own accord. The

Memorandum of Settlement along with annexure

showing the list of workmen clearly indicate that

the workmen have received gratuity, leave salary

and ex-gratia after they tendered resignations and

accepted all the legal dues before arriving at the

settlement and in support thereof, he relied upon

the cases of (i) The Chairman/Director, National

Bureau of Plants Genetics Resources, New Delhi

& Another vs. Shobha M. Dhore & Others, 2013(5)

LLN 164 (Bom.); (ii) Raijibhai Bhikhabhai Parmar

& Ors. vs. Reliance Industries Ltd. (Formerly

known as Indian Petrochemicals Corporation Ltd.)

& Anr., 2016 LLR 673.

14. In fine, the substratum of controversy is

whether the Party II terminated the service of the

Party I workmen without complying the provisions

of the Act or whether the Party I workmen along

with other 32 workmen tendered their resignations

and accepted voluntary retirement scheme floated

by the company and thereby relinquished

employer-employee relationship.

15. The Party I have examined Shri R. D.

Mangueshkar, General Secretary of Goa Trade and

Commercial Workers’ Union who has filed affidavit

incorporating the statement of claim filed by the

Union. In the cross examination, he admitted that

the present dispute pertains to alleged illegal

termination of the 42 workmen, however he has

not produced any termination letters. There is

also no dispute that out of 74 workmen, only 42

have raised the dispute on 2-3-2006 when the

Settlement dated 31-3-2005 was signed by all the

workmen including Party I workmen. The Party I

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also examined Shri Rajendra Kambli @ Korajkar,

Labour Inspector, Mapusa. He claimed that he

carried out inspection of Party II factory on 2-5-2018

and found that there were 107 direct workers and

68 workers employed through 5 contractors. Be

that as it may, the case of Party I workmen that it

was an illegal closure therefore falls flat.

16. The Party I have also examined, Ms. Laurian

Carrasco who has claimed that she was one of the

workpersons mentioned in the schedule of reference

and that the Managing Director called her and

other workers in his cabin and informed that they

are selling the company and that they must resign

and go home. She also claimed that the Managing

Director obtained signature on resignation letter

under threat and was forcibly handed over some

amount including her unpaid salary. She also stated

that her termination is illegal and there is no real

closure of the factory and that the factory is in

operation. In the cross examination, she admitted

that no letter terminating their services was issued

to them. She also stated that the company had

forcibly signed settlement dated 31-3-2005 with

the workers. She also admitted that she did not file

any Police complaint or any complaint before the

Labour Commissioner. She also admitted that after

signing the settlement, she along with other 74

workers received the money out of the said

settlement after submitting the resignation letters

and was paid 75 days compensation for each

completed year. She claimed that a cheque

amounting to Rs. 4,64,281/- was received by her

and that she never went to the factory after

31-3-2005. She claimed that she did not make any

efforts to return the said amount to the company.

She also admitted that she obtained service

certificate dated 21-4-2005 and that she signed the

settlement dated 31-3-2005 at Sr. No. 23 in the

annexure to the settlement. She admitted that in

the service certificate at Exh. 31, it was written

that she was leaving on her own accord, but

claimed that it was wrongly written. The above

evidence therefore clearly shows that she

alongwith Party I workmen have voluntarily

tendered their resignations after accepting VRS

scheme floated by the company.

17. The Party II examined its Manager,

Mrs. Lourdes D’Souza who claimed that the

employees have voluntary resigned from the

employment of the company and accepted VRS

scheme and all the legal dues after signing a valid

Settlement dated 31-3-2005 with the workers

thereby severing their relationship. There is

therefore no dispute surviving between the workers

and the company and that the present dispute has

been raised only after voluntarily resigning and

accepting the benefits. She claimed that the

undertaking of the Party II was permanently closed

as per Settlement dated 31-3-2005. In the cross

examination, she stated that the copies of

settlement were given to all the authorities which

was signed between the company and Sigma

Workers Union and that after prolonged discussion

between the employees and the Union, VRS scheme

was signed with 74 workmen. She denied the

suggestion that the Union had no authority to enter

into any kind of understanding or settlement with

the company on behalf of other workers and that

the settlement is not a valid settlement. She also

stated that they have calculated and paid to each

of the 74 workmen their gratuity amount payable

to individual workman and paid the cheques with

the details of calculation including gratuity and

that 75 days compensation includes gratuity and

other benefits.

18. Be that as it may, the Party I have not

disputed the Memorandum of settlement at

Exh. 32 colly entered into between all the workmen

and the management by which VRS scheme was

extended to them and accepted by all. A little

peep into the Memorandum of Settlement clearly

shows that the Union along with the workers and

the management after prolonged discussion agreed

and entered into the terms of settlement by which

all the workers tendered their resignations in

writing. The letter of acceptance of resignation

and receipt of full and final settlement of dues of

one of the workmen, Ms. Vidhika Parsekar at

Exh. 43 colly are pointer to that effect. The Party I

workmen have received the agreed amount as per

the said Memorandum of understanding at the rate

of 75 days of amount for each completed years of

service who were on the muster roll of the company

as on 31-3-2005 including leave encashment of their

privilege leave. The Annexure to the Settlement

clearly shows that all the workmen have signed

the annexure showing details of the calculation of

dues, which were paid to them. The service

certificate of Ms. Laurian Carrasco at Exh. 31 is

also indication of the fact that she alongwith others

have left the services on their own accord. None of

the above documents including the Settlement and

calculation of amount paid have been disputed by

Party I workmen, which clearly show that the

workmen have been paid gratuity, leave salary and

ex-gratia.

19. Needless to mention, the Party I have not

challenged the Memorandum of Settlement on the

ground that it was bad in law or entered into by

misrepresentation or fraud. The settlement has

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been signed on 31-3-2005, resignations were also

tendered by all the workmen on 31-3-2005 and they

were accepted on the same day and the amounts

as per settlement were paid. There is nothing

produced on record that the Party I workmen

including other workmen were not paid as per the

settlement. The workmen have also withdrawn the

Provident Fund as shown in the Extract of Form-9

and the details of remittances produced by Shri

Govind Sirsat at Exh. 53 and 54 colly respectively.

He has stated that the workers have given the

reason for withdrawing the Provident fund as ‘Left’

on 31-3-2005. They therefore cannot challenge the

settlement once it is admitted by them that they

have accepted the VRS scheme. It is well settled

that if the workmen want to challenge the VRS

compensation received by them by raising an

industrial dispute, they will have to deposit the

amount received towards VRS as held by the

Hon’ble Apex Court in the case of Raijibhai

Bhikhabhai Parmar & Ors., supra. The Party I

workmen have not deposited the amount of VRS

received by them and have challenged the VRS

scheme, which is not permissible and therefore,

the reference itself is not maintainable.

20. The case of Party I workmen as per the

schedule of reference is termination of services

with effect from 31-3-2005 on which date the

settlement was signed and that they have tendered

resignation letters, which were accepted by the

management. The only workperson, Laurian

examined by the Union failed to justify its case as

per statement of claim. The evidence of witness,

Shri R. D. Mangueshkar is irrelevant as he is neither

attended the conciliation proceedings nor he knows

the facts of the case. He is also not the employee

of the company. Admittedly, the Memorandum of

Settlement was signed on 31-3-2005 and the dispute

was raised on 02-03-2006 after a delay of 11 months

and no explanation is forthcoming as regards to

the said delay. The undisputed documents

produced by the management clearly show that

the workmen including Party I workmen have

accepted the VRS scheme floated by the company

along with the dues and have even collected the

amount from Provident Fund, wherein it is stated

that they have ‘left’ on their own. There is absolutely

no evidence on record that the services of Party I

workmen were terminated by Party II or that there

is a closure of the establishment by Party II on

31-30-2005. None of the documents produced by

Party I indicates that it is a closure. The failure

report dated 18-7-2006 at Exh. 20 colly shows that

the workmen were disputing VRS scheme but the

documents produced by the Party II clearly indicate

that the Party I have accepted VRS scheme by

submitting resignation letters and accepting the

settlement.

21. Needless to mention, the documents

including the Memorandum of settlement with

annexure, resignation letter, acceptance letter,

receipt and the service certificate clearly show

that lumpsum amounts have been paid to all the

workmen inclusive of gratuity. The Party I workmen

therefore failed to show that the settlement is one

sided, bad in law, illegal, unfair, unreasonable and

amounts to contracting out the statutory provisions

of law and that the management had used pressure

tactics and have lured the workmen by giving them

extra benefits and that it is an act of unfair labour

practice adopted by the employer to get rid of the

permanent workmen. Once it is established by the

management that the workmen have resigned from

the services which was accepted and the amounts

have been paid to the workmen without any

objection and that till date the resignation have

not been withdrawn nor the amount received

under VRS scheme is returned, it cannot be said

that the settlement is one sided or illegal, more

particularly when all the dues including ex-gratia

have been paid to the workmen concerned. It is

thus clear that the Party II have not terminated the

service of the Party I workmen, on the contrary, the

Party I workmen along with other 32 workmen have

tendered their resignations and accepted voluntary

retirement scheme. The submissions and the

reliance placed by learned Adv. Shri Suhaas Naik

on the above citations turn on their own facts and

hence not applicable to the case at hand. It is

therefore the Party I have failed to prove that the

Party II had obtained their resignation letters under

threat, duress, force and coercion and that they

were forced to accept the amount or that the

Settlement dated 31-3-2005 is illegal. Hence, the

above issues Nos. 1, 2 and 3 are answered in the

negative.

Issue No. 4:

22. It is the case of the Party I that the factory

is in operation and the Party II has employed new

workers. Shri R. D. Mangueshkar has not produced

on record any list of new employees who have

been employed by Party II after the settlement

dated 31-3-2005. Be that as it may, Shri Rajendra

Kamble has produced on record the report at

Exh. 58 colly of Party II company dated 2-5-2018

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707

and found that the factory is in operation

alongwith workers. However, as Party I workmen

have tendered their resignations after accepting

VRS scheme, the above issue becomes redundant.

Hence, issue No. 4 is answered in the negative.

23. Pursuant to above discussions and the

Party I having failed to prove the issues cast on it,

I pass the following:

ORDER

(i) It is hereby held that the management of

M/s. Sigma Laboratories Limited, Thivim

Industrial Estate, Karaswada, Mapusa, Goa,

have not terminated the services of forty-two

workmen mentioned in the reference with

effect from 31-03-2005, on the contrary, the

Party I workmen along with other workmen

have voluntary resigned from services by

accepting their dues.

(ii) The Party I/Workmen are therefore not

entitled to any reliefs.

(iii) No order as to costs.

(iv) Inform the Government accordingly.

Sd/-

(Vincent D’Silva)

Presiding Officer,

Industrial Tribunal and

Labour Court.

———uuu———

Department of Personnel

__

Order

No. 15/2/2019-PER/3844

Read: 1) Order No. 15/2/2019-PER dated 11-11-2019.

2) Order No. 15/2/2019-PER dated 25-11-2019.

Pursuant to order read in the preamble, the

following Officers in the cadre of Block Development

Officer (Group “B” Gazetted) under the Government

of Goa are hereby deputed for on job training in

Directorate of Panchayats for two weeks w.e.f.

16-12-2019 to 27-12-2019.

1. Shri Siddesh Surya Kerkar.

2. Shri Ashwin alias Sadashiv Krishna Dessai.

3. Shri Paritosh Ulhas Fal Dessai.

4. Shri Gurudatta Pandurang Naik (OBC).

After completion of training, they shall report to

Personnel Department for further orders.

This issues with the approval of Competent

Authority.

Shashank V. Thakur, Under Secretary (Personnel-I).

Porvorim, 20th December, 2019.

———uuu———

Department of Public Health

__

Order

No. 7/23/87-I/PHD/2809

On the recommendation of the Goa Public Service

Commission as conveyed vide their letter No. COM/

/II/11/24(1)/2001/238 dated 06-11-2019, Government

is pleased to promote the following Junior

Anaesthetists to the post of Senior Anaesthetist

under the Directorate of Health Services, on regular

basis in the Level 11 of Pay Matrix [Rs. 15,600-

-39,100+Grade Pay Rs. 6,600/- in pre-revised] and

other allowances to be fixed as per rules with

immediate effect:

1. Dr. Manjiri M. Navelkar alias Parsekar.

2. Dr. Mansi Samir Bhakare.

The promotions are made against the vacancies

occurred due to the resignation of Dr. Betty Travasso

w.e.f. 01-5-2016 vide order No. 44/18/2006-I/PHD

dated 29-4-2016 and due to the retirement of

Dr. Pradip Shinkre, on attaining the age of

superannuation on 31-8-2019.

Consequent upon their promotion, the postings

are as under:

Sr.

Name of the doctor

Place of posting

No.

1. Dr. Manjiri M. Navelkar

Hospicio Hospital,

alias Parsekar

Margao (She shall

draw her salary

against the post of

Sr. Pathologist).

2. Dr. Mansi Samir Bhakare

Sub-District Hospital,

Ponda.

By order and in the name of the Governor

of Goa.

Swati Dalvi, Under Secretary (Health-II).

Porvorim, 18th December, 2019.

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